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(영문) 부산지방법원 2019.01.09 2017나55978

1. The defendant's appeal is dismissed.

2. The costs of appeal shall be borne by the Defendant.

Purport of claim and appeal



1. Facts of recognition;

A. On May 8, 2015, the Defendant entered into a contract with C Co., Ltd. (hereinafter referred to as “C”) with respect to D Civil Works, Building, and New Construction Works for Fire-Fighting Machinery Co., Ltd. (hereinafter referred to as “C”), setting the construction cost of KRW 5.63 billion (excluding value-added tax) and five months during the construction period.

On July 4, 2016, the Plaintiff entered into a subcontract on July 4, 2016 with respect to painting construction work (including value-added tax) and the construction period from July 4, 2016 to July 30, 2016.

C did not pay to the Plaintiff advance payment of KRW 6,00,000, which was agreed that the Plaintiff shall not pay to the Plaintiff. Accordingly, the Plaintiff requested a direct payment to the Defendant who is the ordering person. Upon accepting the above request, the Defendant transferred KRW 6,00,000 to the Plaintiff on August 23, 2016. The Plaintiff and C drafted a subcontract with the Plaintiff modified the construction cost of KRW 25,460,000, reflecting the Plaintiff’s advance payment of KRW 6,000,000, which was already paid to the Defendant on October 2016.

The conflict between the Plaintiff and the Defendant relating to the payment of the payment for the completed portion was continued as the subcontracted work was conducted, and C was settled on November 28, 2016. The Defendant promised to pay the construction cost immediately upon the completion of the subcontracted construction work to the Plaintiff. The Plaintiff, the Defendant, and C agreed to pay the Plaintiff the construction cost of KRW 25,40,000 (hereinafter referred to as the “instant agreement”) around December 2016. The Plaintiff, the Defendant, and C drafted an agreement with the effect that “The Defendant, the ordering person, agrees to pay the Plaintiff, the subcontractor, the amount of the construction cost of KRW 25,40,00,00 (hereinafter referred to as the “instant agreement”), and the Plaintiff completed the painting construction work around that time. The Plaintiff did not have any dispute with the grounds for recognition, and the purport of the entire pleadings,

2. The assertion of the parties and their determination

A. In light of the above findings of the determination as to the cause of the claim, the following circumstances, i.e., the Plaintiff was not paid the construction cost, including advance payment, from C.